Oujé-Bougoumou Cree Nation v. Canada
T-3007-93
Hugessen J.
24/11/99
10 pp.
Motion by Attorney General of Quebec for leave to intervene, dismissal for want of jurisdiction-There being no serious opposition, leave to intervene granted-Plaintiffs Indian persons living in northern Quebec-Not parties to James Bay Agreement-Asserting Aboriginal rights, title to parts of land covered by James Bay Agreement-Action claiming relief against federal Crown only, although large parts of relief claimed impact upon rights, powers of provincial Crown-Parts of what plaintiffs seek arguably not within Court's jurisdiction eg. declaration plaintiffs' rights, title taking precedence over federal, provincial Crown's rights in, on, under, over Oujé-Bougoumou lands-Federal Court Act, s. 17 not giving Court jurisdiction to grant relief against province-No doubt much of plaintiffs' claim within Court's jurisdiction-Claims against federal Crown prima facie part of Court's jurisdiction-That jurisdiction should be construed liberally-Plaintiffs launching similar proceedings in Superior Court of Quebec against provincial Crown at same time launched proceedings in this Court-Those proceedings rely upon same factual matrix as present action-Attorney General not party to those proceedings-With possible exception of paragraph relating to request for accounting, all allegations of statement of claim, paragraphs of prayer for relief could properly be brought before Superior Court, and latter Court would have full jurisdiction to deal with it-When action instituted litigants required to proceed in two courts where had claim against federal Crown and against other defendants-With amendments to Federal Court Act, situation now changed-Now that concurrent jurisdiction of provincial courts in actions against federal Crown clearly recognized, close to abuse of process for plaintiff to split action in two courts of equally competent jurisdiction-Serious danger of contradictory, conflicting judgments, embarrassment to one court or other-Federal Court Rules, 1998, r. 3 requiring interpretation of Rules so as to secure just, most expeditious, least expensive determination of proceeding on merits-Federal Court Act, s. 50 giving Court discretionary power to stay proceedings, specifically where parallel proceedings pending in another court-Very close to present situation-In interest of justice to grant stay, not dismissal, as might be some questions of prescription-Order to go granting leave to Attorney General of Quebec to intervene, staying present proceedings-Federal Court Rules, 1998, SOR/98-106, r. 3-Federal Court Act, R.S.C., 1985, c. F-7, s. 50.